Provision of legal services - cases for which funding is not available

Cases for which Legal Aid is not available.	Neighbour and boundary disputes, (unless connected to some other housing issue). Defamation or malicious falsehood (conditional fees are available). The Access to Justice Act 1999, the Funding Code and LSC guidance make provision for legal aid for defamation in exceptional circumstances; the benchmark being Steel and Morris v UK Application No 68416/01—the 'McLibel' case Conveyancing (unless related to other court proceedings where an order was made). Making of wills, (except for people aged 70 or over, or disabled persons, or a parent of a disabled person who wishes to provide for that person in a will, or a parent of a minor who wishes to appoint a guardian for that minor in a will). Matters of company or partnership law, or matters connected with running a business, (except if this is related to a family dispute or family proceedings). Matters of trust law, (except if this is related to a family dispute or family proceedings). Motoring cases (except some drink driving cases). Tribunals Small claims
Judicial Review cases	Special rules apply to judicial review and other claims against public authorities (including Human Rights claims), medical negligence, housing disputes, family matters of various kinds, and mental health and immigration proceedings, but the general principles are the same.
Those not entitled to Legal Aid	Must have a good case that they are likely to win, and that the likely compensation or other benefits a person will receive by being involved in a court case will exceed the likely costs.) Legal Services Commission can still refuse to grant a person Legal Aid if: i) There are alternative forms of funding available to a person. ii) There is a complaint system that a person should try before becoming involved in a court action. iii) A case has or is likely to be referred to the Small Claims track. iv) The Commission considers it unreasonable to fund representation for a person.
Conditional fee agreements (CFA)	Full Representation will be refused if the case is suitable for a "No Win, No Fee" arrangement otherwise called a Conditional Fee Agreement, or if the prospects of success are unclear or poor (or borderline, unless the case is of wider public importance), or if the likely benefits to the client (taking into account the prospects of success) do not substantially outweigh the likely costs. More on "Conditional Fees" here
September 2004	McDonalds v Steel & Morrris [1997] was a libel action (the longest ever UK trial), the defendants represented themselves because they were not entitled to legal aid. In a separate action against the government they were represented at the European Court of Human Rights. The succeed in their claim that English law, in denying legal aid in libel cases, does not meet the requirements of the Human Rights convention which guarantees the right to a fair trial and the right to freedom of expression. Channel 4 news item here McSpotlight McLibel - the film